Salle Ex Rel. Mandel v. Holland Furnace Co.

HOLLINGSWORTH, Judge.

Defendant has appealed from an order of the trial court setting aside a judgment dismissing plaintiffs’ action, without prejudice, for failure to prosecute. Its contention is that no timely motion for a new trial was filed and that, in the absence of the filing of such motion, the trial court was without jurisdiction to set aside the order of dismissal following a lapse of more than 30 days after it was made. For the reasons hereinafter stated, we are convinced that defendant’s contention is sound and that the judgment of dismissal must stand.

Plaintiffs’ action was filed…